[House  Bill,  No.  235.] 

HOUSE  OF  REPRESENTATIVES.— November  28,  1864.— 
Read  first  and  second  times,  rcA^rred  to  a  Special  Committee  of  one 
from  each  State,  and  ordered  to  bo  printed. 

(By  Mr.  Milks.  1 


A.    JBILL 

To  be  entitled  An  Act  to  consolidate  and  amend  the  lawB  relatiTe  to 

impressments. 
1  Section   1.   The  Congress  of  the  Confederate  States  of  America 

t     do  enact,  That  private  property  may  bo  taken  for  the  public  uie 

3  by  impressment,  upon  the  payment  of  just  compensation  therefor, 

4  under  regulations  to  be  made  by  the  Secretary  of  War,  and  under 

5  the  limitations  and  conditions  prescribed  by  this  act. 

1         Sec.  2.  That  before  any  property  shall  be  taken  by  impross- 

S  ment,  the  officer  empowered  to  make  the  impressment  shall  servo 

S  a  notice  upon  the  owner,  his  attorney,  bailee,  or  other  agent, 

4  describing  the   prnficrty   needed,    tViO   natTif*    nf    the    rxi^tioc^ 

5  necessity,  and  the  prirp  \o  nr  [auj,  nn'j  biimi  i«t8ic  Tnat,  m  inp  cvMit 

6  of  the  refusal  of  the  price,  imprcBsment  will  b«  made,  wheM« 

7  upon,  it  shall  be  the  duty  of  the  owner,  hii  attorney,  bailee  or 

8  flrcnt.  to  communicat''  to  ibo  of!ir'r  hi^  n<'<?pnf>in?e  or  roftiial  of 

9  lue  oner  maac,  anj.  m  ca^.o  c:  rcu-iJ,  lua  re  i    ascertain 
10  the  eonapensation  according  to  the  termi  of  thif  act. 


I 

1  Site.  S.  That,  for  the  jigctnainment  of  just  compensation  for 

2  any  property   impressed,   except   as   hereinafter  excepted,   the 
S  impressing  officer  shall  appoint  one  loyal  and  disinterested  citizen 

4  of  the  county,  district  or  parish  in  \Nhich  the  property  may  be 

5  at  the  date  of  the  impressment,   and  the  owner  of  the  article 

6  impressed,  his   attorney,  bailee   or  other  agent,   shall  appoint 

7  another,  who  shall,  upon  oath,  (which  oath  may  be  administered 

8  by  the  impressing  officer,  and  shall  bind  the  appraisers  to  make 
P  a  just  and  impartial  assessment,)  assess  the  value  of  the  same  at 

10  the  date  of  the  service  of  notice,  and  the  assessment  so  made 

1 1  shall  be  conclusive  evidence  of  the  value  of  the  property,  unless 

12  changed    on    appeal    as    hereafter    provided;    but    should   the 

13  appraisers  fail  to  agree,  they  may  select  an  umpire,  of  like  quali- 

14  fications,  to  make  the  appraisement,  or  to  act  in  conjunction 

15  ifith  them  in  doing  so,  and  the  ^assessment  of  the  umpire,  or  of 

16  the  appraisers  in  conjunction  with  him,  shall  have  the  same  force, 

17  and  be  subject  in  the  same  manner  to  alteration  or  appeal,  as  if 

18  made  by  the  appraisers:  Provided,  however,  That  if  the  owner, 

19  attorney,  bailee  or  other  agent,  shall  [neglect  or  refuse,  within 

20  three  days  after  the  notice  as  aforesaid,  to  appoint  an  appraiser, 

21  competent  and  willing  to  act  in  the  premises,  the  price  offered 

22  shall  be  held  and  taken  as  just  compensation,  and  the  property 

23  shall  be  taken  for  the  public  use,  upon  the  payment  or  tender  of 

24  the  price  offered. 


I  Sec.  4.  Whenever  any  impresisment  shall  be  made   under  the 

S  order  of  a  commanding  general  in  the  field  or  other  commander 

3  specihed  in  this  act,  and  he  shall  certify  that  the  public  exigency 

4  will  not  admit  a  delay  sufficient  to  establish  the  value  by  appraise- 

5  ment,  as  above  provided,  it  shall   uc  tnc   duty  ol  inc   imprcbsing 

6  officer,  making  the  impressment,  to  give  an  official  certificate 

7  describing  the  property  taken,  the  company,  battalion,  regiment, 

e 

^  or  other  command  for   whoso   use  the  same   shall  bo  taken,  the 

^  price  to  be  paid,  and  the  reasons  for  failing  to  make  payment,  or 

10  to  settle  the   price  at   the  time,  and   also  the   circumstances  of 

11  necessity  that  dictated  the  impressment,  which  certificate  shall 

12  be  evidence  of  a  claim  against  the  Confederate  States,  and  shall 
IS  be  promptly  paid  by  the  disbursing  officer  of  the  command  for 
14  which  the  property  was  taken,  or   by  the  chief  of  the   bureau 

13  bavins  charge  of  disbursements  for  similar  objects. 

1  c-ix.  6.    That  whenever  the   impressment  of  any  real  estate 

2  shall  become  necessary  for  the  manufacture  or   production  of 
S  arms,  munitions,  or  material  of  war,  or  of  material  to  be  used  in* 

4  aid  of  their  production,  or  any  material  necessary  to  sustain  or 

5  support  railway  communications,  or  in  any  other  case  in  which 

6  this  course  may  be  preferablt,    it   shall   be   competent  to   tib« 

7  SeervUries  of  War,  or  I^avy,  or  the  ftppropriate  chiefs  of  the 
f^  bureaus  connocted  with  said  Departments,  under  their  orders  aftd 
9  with  their  certificate  of  the  existing  necMiity,  to  prMent  a  petition 


4 

10  to  the  district  court  of  the  district  in  which  the  property  may  be, 

1 1  for  an  order  authorizing  the  impressment  of  the   said  property, 

12  and  a  v?rit  of  possession  directing  the  delivery  of  the  property  to 

13  the  oflScer  charged  to  make  the  impressment,  upon  the  execution 

14  of  which  by  the  marshal  of  the  district,  a  right  shall  accrue  to 

15  the  owner  to  have  jast  compensation   or  temporary  use  of  the 
IG  property,  as  the  case  may  be;    and  it  shall  be  the  duty  of  the 

17  court,  at  the  time  of  allowing  the  writ  of  possession,  to  declare 

18  the  right  of  the  owner  to   such   compensation,   and  to  appoint 

19  appraisers  to  make  an  assessment  of  the  compensation  to  be  paid. 

20  This  order  shall  be  made  upon  a  notice  to  the  owner,  his  agent, 

21  or  other  bailee,  who  shall  be  allowed  to  propose  appraisers,  and 

22  to  object  to  any  appraiser  proposed,  but  the  court  shall  select  the 

23  appraisers,  according  to  its   sound  discretion  and  judgment. 

1  Sec.  6.  It  shall  be  the   duty  of  the  appraisers,  so  appointed, 

2  to  make  the  appraisement  under  the   authority  and  instructions 

3  of  the  court,  and  to  make  a  return  to  the  court  within  a  limited 

4  time,  which  return  shall  be  subject  to  exceptions,  and  the  com- 

5  pensation,  proper  to  be  made,  shall  be  adjudicated  finally  by  said 
G  court,  and  its  judgment  shall  constitute  a  claim  against  the  Con- 
7  federate  Government,  to  be  paid  as  other  claims  under  this  act. 

1  Sec.  7.  That,  whenever  property  of  any  kind  shall  be  regu- 

2  larly  and  legally  impressed,  under  this  act,  or,  after  service  of 
S  notice  of  impresBment,  shall  be  secreted  or  removed,  or  the  pos- 


•1  session  thereof  shall  be  withheld  from  the  impressing  ofhcer,  he, 

5  or  the  chief  of  the  bureau  to  which  he  belongs,  or  the  corarnand- 

6  lug  Lieneral,  or  other  superior  officer  directing  the  impressment, 

7  shall  have  the  liberty  to  apply  to  the  judge  of  the  district  court 

8  of  the  Confederate  States  tor  the  district  in  which  the  property 

9  may  be,  for  appropriate  writ  of  possession,  to  search  for  and  se- 

10  cure  the  delivejy  of  the  same,  which  writ   shall  be   executed  by 

1 1  the  marshal  of  the  district,  as  in  other  cases  of  judicial  process. 
18  For  the  objects  of  this  act,  the  said  district  courts  shall  always 

13  be  open,  and  the  court  shall  cxercipe  a  summary  jurisdiction  in 

14  all  the  matters  of  jurisdiction  conferred  by  any  section  of  Uiia, 

15  act. 

1  Sec.  8.  That  the  commissioners  appointed  under  the  fifth  »ec- 

2  tion  of  tho  act  of  March  2fith,  1863,  to  regulate  impressmentg, 
S  shall  continue  to  perform  the  functions  prescribed  in  the  said 

4  act,  and  shall  constitute  a  tribunal  for  the  revision  of  all  aiteM- 

5  ments  made  under  this  act,  when  either  party  is  dissatisfied  with 

6  the  name,  except  in  those  cases  in  %hich  the  atgessment  is  m»d« 

7  under  the  order  or  judgment  of  any  diitriet  court  of  the  Coafod- 
H  erate  States,  and  appeals  may  be  taken  to  the  laid  board  within 
9  twenty  days  after  the  asscBfment  be  made,  either  by  the  owner 

10  of  the  property,  his  agent  or  other  bailee,  or  by  the  impreeeiog 

11  officer,  or  the  chief  of  the  bureta  to  which  be  belong!,  or  the 
It  head  of  the  Department ;  but  in  ca»e  the  eppe^  ohall  be  Be4«  by 


6 

15  the  ofBccrs  of  the  Government,  it  shall  not  prevent  their  making 
1 4  payment  of  the  claim  to  the  extent  of  the  price  offered,  without 

16  prejudice  to  either  party. 

1  Sec  9.   Slaves  may  be  impressed   for  work  upon  fortifications 

2  and  other  public  works,  and  for  the  purposes  mentioned  in  the 
S  act  entitled  '"An  act  to  increase  the  efficiency  of  the  army  by  the 
•1  employment  of  free  negroes  and  slaves  in  certain  capacities," 

5  approved    17th  February,  1864.     No  slave  shall  be  impressed 

6  who  is  under  eighteen  years  of  age  or  more  than  fifty  ;  nor  shall 

7  the  slaves  employed  for  the  domestic  or  family  service  be  taken  ; 

8  nor  shall  there  be  taken  any  from  farms  or  plantations  on  which 

0  there  are  fewer  than  five  male  slaves  of  the  age  specified  ;  nor 

10  shall  there  be  more  than  five  per  cent,  of  the  male  slaves  between 

1 1  the  ages  specified,  belonging  to  any  owner,  impressed. 

1  Sec.   10.  The  impressment  of  slaves  shall  be  made  under  the 

2  regulations  of  the  Secretary  of  War,  who  shall  consider  the  re- 

3  sources  of  slave  labor  within  the  State  within  which  their  service 

4  is  required,  and  he  shall  endeavor  to  obtain  the  supply  necessary 
J  by  fair  and  equitable  apportionment  among  the  owners  of  such 

6  property,  and  shall  follow,  as  nearly  as  practicable,  the  disposi- 

7  tions  of  any  laws  of  the   different  States  that  may  have  been 

8  adopted  upon  tho  subject  of  such  impressments,  as  to  the  rule  of 
3  apportionment,  the  mode  of  collection  and  the  obligations  to  be 

1 0  performed  on  the  part  of  the  Government  of  the  Confederate  States. 


1  Sr.r.   11.  That  there  shnll  be  exempt  from  impre^gment,  under 

2  this    act.    the   dwelling-hoose,    furniture    and    apparel  of  every 
S  family,  the  servants  usually  employed  in  the  same,  the  necessary 

4  supplies  for  the  family,  the  serrants  and  laborers  necessary  to 

5  carry  on  their  agricultural,  mechanical  or  professional  employ- 

6  ments :   Provided,  That  this  s})h11  not   be  construed  to  impair  the 

7  provisions   of  the  act  approved    1 7th   February.    1864,  entitled 

8  '•  An  act  to  authorise  the  impressment  of  meat  for  the  use  of  the 

9  army  under   certain  circumstances.''     The  number  of  servants 

10  and  quantity  of  property  to  be  a«!ccrtained  and  finnlly  determined 

1 1  when  the  iropreRsing  officer  and   owner   cannot   agree,  bj   ap 

12  praisers,  under  oath.  t<i  be  appointed  as  provided  in  the  first  sec- 
IS  tion  of  this  act. 

1  Sec.   12.   That  if  any  persons  shall  make  any  impressments 

i  without  the  authority  of  law.  or  who  shall  not  be  authorised   to 

5  do  so   under  orders   from  competent  authority,  or  shall  fail  iD 
4  making  impressments  to  conform  to  the  law  and  regulations  of  the 

6  War  Depnrtmcnt,  or  shall  act  with  oppressive  violence  in  making 

6  the  same,  the  person  so  offending,  besides  being  subject  to  action 

7  at  the  suit  of  ths  party  injured,  shall  be  liable  to  prosesution  in 

8  tne  district  court  of  the  Confederate  States,  and,  on   conrictioD, 

9  shall  bo  liable  to  a  6ne  of  not  n,  >re   than  two   thousand  dollars 

10  and  to  imprisonment  for  a  term  not  exceeding  three  jesjv ;  and 

11  if  an  officer  or  soldier  of  the  ansv.  shtll.  moreorer,  be  UaMe  to 


9 

IS  trial   before  a  court-martial  or  military  court,  and  to  sncb  nen- 

13  tence  as  they,  in  their  discretion,  may  inflict. 

I  Skc.    is.   That  tho  notice  required  in  this  act  maybe  served 

Z  by  delivering  a  copy  thereof,  in  writing,  to  the  party  in  person ; 

.0  or  if  he  be  not  at  his  usual  place  of  abode,  by  delivering  such 

4  copy,  and  giving  information  of  its  purport  to  his  wife,  or  any 

5  white  person  found  there,  ^vho   is  a  member  of  his  family,  and 
G  above  the  age  of  sixteen  years ;  and  if  neither  he  nor  his  wife, 

7  nor  any    such   white  person,  be  found  there,  by  leaving  such 

8  copy  posted  at  the  front  door  of  said  place  of  abode. 

1  Sf.c.   14.  That  all  acts  and  parts  of  acts  that  contravene  this  act 

2  be,  and  the  same  are  hereby,  repealed 


